Posted on 11/18/2014 8:36:14 PM PST by Olog-hai
In the unlikely event that they press ahead to a trial, simply challenge them to produce strict proof of a valid assignment of the alleged debt from the original creditor to them, and proof that the alleged amount owed is accurate and further that the defendant even had an agreement with the original creditor. They MUST prove all of these, but will be unable. They routinely rely on skimpy and incomplete records provided to them by the original creditor (assuming there was a debt in the first place), and then try to get around rules of evidence that prohibit heresay by using an affidavit of one of their employees who will claim that they know how the original creditor conducts their business. This is always laughably false, and they will crumble when questioned as to how their employee knows the specifics of this account, knows how the charges and interest were calculated during the life of the account, knows what the original terms and conditions were, etc. In virtually all cases, they can't even produce the original credit agreement. They're trying to sue for breach of contract (or "account stated") and can't even produce evidence that a contract existed!
This "industry" needs to be shut down.
That should have been “hearsay”, not “heresay.” It’s late.
An effective tactic dealing with them is to list the violations you believe they have committed, in a writing to them, as set forth in the act, e.g. attempting to collect a debt that is collectible, has no basis in fact or law; impermissible contacts; deception; etc., and ‘spell out’ The violations, send copies of your documentation, i.e. caller ID, and ‘stack’ the damages, and then make demand on them.
They should leave you alone if it appears to them you know your rights under the act. In any event you then have affirmative defenses.
I had a brief job as a debt collector about 20 years ago. There are pretty tight regulations about what you can and can’t say or do, as there should be IMHO. Stuff happens to people. They lose jobs, get sick and can’t work while the medical bills pile up. In fact most of the collections we did were medical bills. As for people who make unsecured loans, they know some can’t or won’t pay them back. That’s partly why they charge such high interest rates.
I didn’t really like it and quit as soon as I found something better.
The Executive branch is not amused by masquerading poachers trespassing on their turf.
I agree.
The Feds are Bullying, lying tax collectors and an epidemic
Portfolio Recovery and other debt collectors have gone after debt that was discharged in bankruptcy, debts that are decades old and out of the statue of limitation, and went after family members after the debtor was deceased for over a decade.
I know it can be a bother to actually read the story, but if you had, you would have seen that many of the people affected by this company never owed the money in the first place. And even if they had a legitimate debt, a company calling you and claiming to be associated with a government agency and threatening to arrest you is a bit too far.
I began receiving phone messages that one of my children would be taken to court regarding a current debt from a suspicious phone number (looked it up on reverse numbers). I messaged my son and he said he didn’t know what it was about. The phone calls continued, so I sent a snail mail (on behalf of my son) letter asking for documentation about the debt and if that was not received I would contact the attorney general of my state. Haven’t heard from them again.
at the point where the ‘’’’account’’’’ is sold off by the
original creditor —>
What is IT????
............
a computer file
an XLS file
a memory stick
can be copied a million times
there is no ‘debt registry’
Long, long ago I tried mobile home rentals and had one financed by General Electric Credit. It was titled as a vehicle in South Carolina and the lender held the title until I paid it off and then sent me the title in the mail. Imagine my surprise when, months later, I got a notice in the mail from the company claiming I owed them a large unpaid balance. I got on the phone and informed them that I had the title in my possession and they had released it as paid in full. They finally strightened it out but it took weeks. They claimed that the office had been relocated and some records had been misplaced but I still don’t know how they could have access to records purporting to show an unpaid balance but not have access to the records showing that they had released the title to me. They had not one leg to stand on to send me a notice on this and I probably should have sued them for illegal harassment.
I had forgotten how I resolved my dispute with Verizon, I had to refresh my memory.
My bank had helped resolve it, got Verizon to remove it from my credit report, but Verizon turned it over to collections anyway. When this whole thing came up, we were actually Verizon customers because they were the only carrier at our new house, so I started calling Verizon and telling them to call off their attack dogs. I also told them about other problems that I was having with other false credit claims, and harassment phone calls from Union members, including one from a throw away phone that was associated with a child sex ring in Anchorage Alaska. You would be amazed at the action that bit of information gets. No one wants to be associated with anything that has to do with a child sex ring. It was true, too.
The manager at Verizon called the credit agency and told them to stop calling me. It took about three calls from her, but they finally stopped.
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